Justice in Alahana
Judicial system The Alahanese justice system uses civil law as their legal system compared to common law or religious law systems. This is not to be confused with the term 'civil law' that is a branch of the law that relates to civil wrongs, contracts and law of property. The court system in Alahana is seperated into 3 systems. Civil Law governs over the relation between or organizations or companies. Administrative Law is the law regarding the regulations made and enforced by governmental agencies. Criminal Law involve charges against natural persons or brought by the country under the criminal laws. The courts are separated into 4 levels, Arrondissement/District, Province, State and National. Each court is present in their representative level (Ex. 1 Supreme Court per state but not per Province, and 1 Correctional Court per province so more than 1 per state), but they are also separated to indicate the maximum amount of penalty someone can receive. See Penal System for the possible penalties. Penal system Depending on the offense of the person a penalty can be chosen. Adults and juveniles are not considered equal in the penal code as a juvenile will always be sentenced by the Police Court, which is a arrondissement level court so they will receive the lowest punishment in the criminal law unless the offender commits a felony which would normally go to the Supreme Court, in that case it is possible for a juvenile to be sentenced as an adult. The difference between the levels, penalty wise, are categories as in how crimes are punished. The level is linked with the crime category of which Violations are the lowest. Examples of violations are speeding, light acts of violence and public intoxication. The maximum penalty given in the police court are incarnation up to 7 days, community service up to 45 hours and a fine of Pr500 or a combination of these. The second category are the Misdemeanors ''which are fraud, drug trafficking, theft, heavy violence and many other examples are presented in the Correctional Court or also called the Criminal Court and thus are a Province Level Court which means that the maximum penalty for a misdemeanor contains a fine of at least Pr500, community service of up to 300 hours and incarnation up to 5 years. The third and last category are the heavy crimes also called ''Felonies ''which are for example murder, manslaughter, rape, et cetera. Felonies are brought up in the Supreme Court which is a State Level Court which means that they can sentence the heaviest penalties. These penalties are fines of at least Pr500 and 5 years up to life long imprisonment. In extreme cases such as is the case for serial killers and mass murderers, high treason, serious war crimes and terrorism, a special procedure can be started. This procedure is mainly handled by the Supreme Court which has 3 out of the 5 judges together with a judge of the Court of Cassation and a judge of the Constitutional Court is also present as the penalties given in this procedure can include the death penalty which is technically against the human right to life which is also against the constitution. These 5 judges can decide over 2 options: life long imprisonment or the death penalty. This procedure is only started after the supreme court, who handles these cases that fall under the felony category, rules the defendant guilty of said charges. Prisons The type of crime a person committed doesn't always reflect the type of prison a person goes to. It is generally seen as the chance of violence, relapse or chance of escape based on criminal history and expert opinions. '''Minimum Security prisons' are reserved for minor offenders, exceptional behavior in a medium prison or for those who have comitted act that are non-violent in nature such as embezzlement or fraud. These criminals are not considered to be a risk for violence and thus they enjoy a larger form of freedom. These minimum security prisons are completely focused on rehabilitation and for reincorporation and thus are less strict. They have unarmed guards, have a dormitory-type style of living environment and freedoms such as the right of , right to earn some money in prison workshops, more visiting hours, and the right to bring personal belongings with them. These prisons are also typically designed to be a bit more welcoming. Prisoners here work 38 hour weeks in the prisons labor facility where they earn a little bit of money up to Pr1000 a month. These duties range from cooking food for the homeless or the less fortunate, cheap labor for assembly, to pack some products or make products such as clothing or furniture. This money they earn can be used to buy things for their cell such as a television subscription, prepaid telephone cards or internat access. These connections are still heavily regulated and monitored though. They can also use the money to save it up for after their sentence. In these prisons the prisoners are also allowed to follow classes or go to the prison library to follow classes to get official degrees to find work after their sentence. As can be seen from all these Medium Security Prisons are higher security prisons that house more serious offenders, those that couldn't behave in a minimum security prison or those that are deemed to violent to be entrusted the privileges of a minimum security prison but there are some privileges though. They are also allowed to work 38 hours a week for a small amount of pocket money of maximum Pr250 a month in very basic cheap labor workshops. They are also allowed to follow school each evening to get official degrees to help them find a job after their sentence. They also have dormitory-style of living and these prisons are still focused on rehabilitation and reincorporation but the regimen inside the prison is more strict and disciplinary and prisoners are treated more harshly if they step out of bounds. If they do not behave, commit acts of violence toward inmates, guards or third parties or if they are caught with illegal products or merchandise they can be put in a penalty cell or even send to a maximum security prison if they are really being extreme. Guards here are armed with a baton and cuffs and there are also special intervention teams with public order suits and specialized weaponry. Maximum Security Prisons are reserved for the most violent criminals. They are not given any privileges except for counseling, classes to get official degrees and the bare minimum of visiting hours, freedom to roam and freedom to use networks such as telephone and internet. Specialized people still try to rehabilitate and reintroduce these people to society but most people in these prisons are extreme cases that come and go to prisons because they relapse into their old habits every time. Prisoners here live in cage style housing where prisoners and guards don't come into contact with each other as guards monitor the prisons and the inmates from walkways. Guards are always armed with a baton, cuffs, pepper spray, a rubber bullet pistol and tear gas canisters. There is also a large intervention team in full public order suit that sometimes come into the prisoners quarters and their cells to search the cells and inmates and to keep order in case of violations or acts of violence. Super-Max Prisons are for the most serious of offenders and is a fairly new construct from the law that abolished the death penalty in 2016. The death penalty can only be given in the most serious of cases such as serial killers and mass murderers. These prisons are meant to replace that and is for people with a true life sentence so they don't need to be reintroduced into society so these prisons are not focused on rehabilitation or reincorporation but rather punishment. This doesn't mean that corporal punishment, aka torture, is used but the freedoms and privileges one receives in these prisons are none. They don't have visiting hours, bare minimum out of their cells and they don't have the right to work or take classes for official degrees. There is only one such prison located in Alahana, and that is in the desert of Marinia. Alahana and many other nations are discussing whether or not it would be possible to create a prison for these kind of offenders for all nations in one location. This to stimulate to abolish capital punishment, aka execution, and start giving life sentences. If this prison would come it would be located on one of the islands surrounding Portal Island and being international territory. This prison would be governed and guarded under the jurisdiction of the World Council. Laws Regarding Abortion ''' Abortion is fully legalized allowing abortion to be done on demand, meaning for whatever reason, untill the 21st week and up to the 26th week for medical reasons. '''Regarding Capital punishment Capital Punishment is legal but only is some certain situations. This is only for the most serious of crimes: Serial Killers and Mass Murderers, High Treason, Serious War Crimes, Terrorism and Assassination of Head of State, Head of Government or members of the Council of Ministers or the High Council. If one of the above is the case then a special procedure lead by the Supreme court consisting of 5 judges (3 Supreme Court, 1 Constitutional Court and 1 Court of Cassation) will be started to decide whether or not to decide for the death penalty. Regarding Discrimination When involving equal circumstances all people have to be treated the same way and it is forbidden to discriminate. Discrimination, according to the Anti-Discrimination Law, has 11 grounds on how people can discriminate other people: race, sex, sexual orientation, political opinion, religion, disabilities, civil status, age, nationality, working situation and home situation. Regarding Driving Driving laws in Alahana are very relaxed compared to most other neighboring countries. Even though the driving laws in Alahana are relaxed it doesn't mean that these laws aren't broken on a regular basis. But police are known to be not very strict towards traffic laws. There are a low amount of speed controls and not enough officers designated to as traffic police to enforce traffic law. Police officers with administrative jurisdiction can intervene in dangerous situations. Most roads will not have accompanying speed limit signs. Speed limits are part of the traffic laws and are generalized across the country. When the speed limit deviates from the speed limit provided by traffic laws, speed limit signs will be placed. The allowed speed on the highways start at 120 km/h on the outer right lane, the second lane has a maximum speed of 140 km/h and all other lanes have no speed restriction unless otherwise indicated. The speed on a Highway Ring (The Highways around cities) are always a constant 120 km/h. Two lane roads have a speed restriction of 70 km/h and one-lane roads 50 km/h. People are allowed to get a theoretical driving license from the young age of 16 and their real driving license from 18 years old. People drive on the right and the general priority rule is right has priority except otherwise indicated. The maximum permitted mass on Alahanese roads is 44 tonnes before it becomes special transport. You are also officially required to wear seat belts while driving. By driving on Alahanese roads, you are tacitly agreeing to take a test whenever the police asks for this. This can be an identity control or a drug control whenever police suspect you of being intoxicated. Failing these tests will result in the retracting of the driving license so also an accompanied driving ban for an appropriate time. In most situations these cases will go to the Police Court. Alahana does use a toll system but these are very sparse. The general rule is at state border crossings and national borders. The toll fee goes from Pr3.5 up on the border of Adrilla Capital Region up to Pr12 on the border with Ardenia. The crossing of Aquila Island into Dindar used to be Pr25 but that road has been guarded by the military and crossing is very restricted. Alahana is also very strict in the emission of the vehicles. The higher the emission, the higher road taxes are. A car driving on hydrogen or electricity barely pays road taxes, a hybrid car also doesn't pay a lot but car still running on fossil fuels pay even more. This is to support green cars on the road. Laws are also strict for the vehicles in city centers. City centers are not open to general traffic, only cars with proper allowance (residents and deliveries for example) have access to the city center. Regarding Drugs The manufacturing, use, and sale of alcohol, cannabis, caffeine, tobacco, prescription drugs, et cetera are classified under Soft Drugs and fully legalized, subject to minor government regulation. For example driving and working under heavy influence of either of those products is prohibited. All products classified under soft drugs can be sold by any shop, bar, et cetera with the right government permission. Products such as Ecstacy, GHB, LSD, Amfetamine, et cetera fall under the regulations of Recreational Drugs and are subject to heavy government regulation. They are legal to be sold and used in Drug Shops where these drugs are legally sold. They have to be used within the shop and the usage is regulated by the shops and are registered on the name of the user. This is to keep track of the consumption per person to avoid overdosing and to determine if a person was under influence during certain events such as car driving or criminal activities. The manufacturing, use and sale of all drugs classified as Hard Drugs are illegal and can lead to heavy fines and a prison sentence. These products include but are not limited to Ketamine, Heroine, Cocaine, recreational drugs not sold by an official vendor, et cetera. Regarding Euthanasia Euthanasia has always been legal in Alahana under the form of "Die with Dignity". Euthanasia or assisted suicide is legal provided a person has provided advanced directives or is considered sufficiently competent to request and consent to euthanasia. Regarding Human Rights Alahana adheres to the Human Rights enforced on member states of the World Council and actively enforces these rights. Violations against these rights are uncommon in Alahana. Regarding Immigration and the Alahanese Citizen Act Immigration laws in Alahana are very strict. When a person wants to immigrate to Alahana they go through an entire procedure that takes at least 3 years before they can apply for full citizenship. This is also know as the Alahanese citizen act. When arriving the entire background of the subject is reviewed if possible and they have to talk to a psychiatrist. They have to take basic tests reviewing their knowledge of the Alahanese Language or another national language; Eawan Language and the Amnati Language or the international language . They will also be tested for their knowledge of Alahanese culture and values. If they come from a country that does not have recognized degrees but they claim they have one they can take additional tests for their degree to see if they meet Alahanese standards regarding these degrees. If they succees they get a substitute degree which is not the same as a real degree but it helps to find a job. If they passed these basic tests the immigrant has right on social housing and from now on they will have to, or try to, integrate in the system. They will need to find a job or follow integration classes. If doing none of the 2 they can lose their benefit bonus so the state can also provide jobs. These jobs range from working in a homeless shelter, road works, city maintenance, et cetera. If they also refuse to work here or do a horrible job they will fail their second stage and can be deported. The second stage lasts for 3 years or when they succeed in their basic knowledge test (Language, Culture and values, elementary knowledge) they can proceed to stage 3 of the immigration program. The third phase is conscription. When the person falls under the Eligibility and Suitability rules; Between 18 years and 45 years old, finished compulsory education or have a same education level (basic test level), be in good physical and mental health, not going to college, have no obligations with foreign armed forces; the person will be conscripted for 9 months. After the third phase will receive citizenship to Alahana and will receive exactly the same rights as any Alahanese citizen. Note that this procedure also counts for Alahanese born people. The only difference is that these 'basic tests' are their compulsory education and that unemployed people receiving benefits fall under the same regulations to be enforced to find a job or lose their benefits. Regarding LGBT rights LGBT people and couples have exactly the same rights as all Alahanese citizens. They have the right on same-sex relations and the right to practice same-sex activities in all instances. Also they are allowed to marry, adopt and are have legal protection against discrimination on the ground sexual orientation. Sex-change is also legal in Alahana and also enjoy legal protection from discrimination on grounds of sex. The Alahanese law only recognizes 2 genders, male and female. You cannot identify as a transgender or as another gender you are not. It is not considered discrimination when someone addresses a person with their 'correct' (according to their passport) gender. Regarding Marital Unity People are allowed to marry from 18 years old. A permanent marriage system is not in place thus people have the right to divorce. A marriage is described as a lawful union of 2 people of whatever gender so Homosexual people are also allowed to marry. The only thing not allowed in marriage is to marry someone else while still the marriage is still in effect. Although it is not frowned upon to have a polygamous relationship with more people but it is not possible to officially marry with more than 1 person. Regarding Prostitution Prostitution is legal and any person has the right to enter the prostitution industry, but said activities are legitimate and therefore taxable by the state. Furthermore, brothels must be registered with a local law enforcement authority and pimping is prohibited by law (it is considered enslavement, a very serious felony offence). What must also be noted are the frequent health and safety inspections of brothels and prostitutes, which also means that mistreatment of the latter will not be tolerated by the authorities. Regarding Religion The government itself is secular it still enforces the freedom of religion. There are parties refering to religion such as the CPF that promotes values from the Famusm religion but is in itself not a religious party. Although the Alahanese government enforces religious freedom the judiciary system has ruled some religions as unlawful on multiple occasions for “common decency” targeting anti-social behavior. One of the more controversial bans on religion was the ban to express some parts of the Aluiqiris religion as it is considered a religion with a violent nature.The religion can still be practiced but with a limitation of some of the violent aspects. It was controversial because Alahana borders an imperial nation, Dindar, with whom Alahana already has hostile relations with and on top of that many followers of the Aluiqiris religion live in the west of the country. This has resulted and still leads to occasional protests and riots. The Alahanese government does not support any religious instance but most religions have a seat as representative in the High Council, the legislative branch of the government. Regarding Weapons There are an estimated 10.6 guns per 100 residents. Owning any and all firearms with live ammunition is heavily regulated and they are only obtainable for citizens with appropriate licenses. Firearms for citizens are only limited to self defense weapons, sports weapons and hunting weapons. Automatic weapons, high-capacity magazines, and semi-automatic shotguns are all considered non-permissible for civilian ownership. Crime Violent crimes such as rape and murder are on a steep decrease compared to petty crimes that are gradually increasing. Other, more serious white collar crimes is also in a slow but steady increase. This is because of the increase in immigrants that come to Alahana without any job and then turn to criminal activities. Immigrants that are not fully incorporated in the system can lose their right to live in Alahana and will be deported. Drug abuse is limited due to the legalization of cannabis in 2010 and other recreational drugs in 2016. Overall the crime rate is very low compared to other nations. This can be accredited to the good funding and training of the police force, high standard of living and the well placed social and educational policies. Homicide rates are 0.6 per 100,000 population compared to 0.8 in 2010 Rape rates are 4.1 per 100.000 population compared to 7.1 in 2010 Slavery rates are 0.8 per 100.000 population compared to 1.1 in 2010 Black Magic Abuse rates are 3.8 per 100.000 population compared to 2.4 in 2010 Kidnapping rates are 1.9 per 100.000 population compared to 2.3 in 2010 Assault rates are 254.6 per 100.000 population compared to 288.0 in 2010 Robbery rates are 56.8 per 100.000 population compared to 59.1 in 2010 Burglary rates are 1,210.8 per 100.000 population compared to 1,411 in 2010 Vehicle Theft rates are 105.2 per 100.000 population compared to 167.1 in 2010 Police Category:Justice Category:Alahana